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Mr. Liang Weiquan, an expert in solving labor problems in enterprises, "thinks:
According to Article 50 of the Labor Law, the employer cannot deduct or default on the wages of the employee without reason, so it is illegal for the employee to be in arrears for two months, and the employee can file a complaint with the relevant department, and at the same time, the employer can unilaterally terminate the labor relationship with the employer in accordance with the provisions of Article 38, Paragraph 2 and Article 46, Paragraph 1 of the Labor Contract Law, and require the employer to pay economic compensation.
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E-Law answers:
According to the law, employers are not allowed to deduct or delay wages to employees without reason. Therefore, it is illegal for Wangfu No. 1 to default on the wages of its employees.
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- Langfang Cost Consulting Office (1 year and 1 month)Cost Engineer Budgeter |2001-4000 yuan per month.
Real Estate Construction Building Materials Engineering |Nature of enterprise: private |Scale: 20-99 people.
Job Description: Job Responsibilities: Budget Supervisor, mainly responsible for civil engineering budget part of the project experience:
Preparation and clearance of the list of civil works of residential buildings on the Cote d'An; Preparation of the civil construction part of the Shengfang Huangjia Scenic Residential Building, the civil part of the budget of Shengfang Jinghua Phoenix Business Club, the bidding of Xiangcheng Lijing Residential Building, the bidding of Xiaolangfang Residential Building, and the civil construction part of Dacheng Longsheng Garden Residential Building. Project Description: Covering residential, commercial, garage, villa, etc.
Description of responsibilities: preparation of the list of real estate entrustment, bid clearance in the bidding process, negotiation of changes in the construction stage, monthly payment review, etc.; The construction party's bidding**, construction drawing budget, monthly image progress payment, etc.
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People know that it is illegal, and people want to know how to get the money back, I suggest, do not compromise to retaliate, the salary is not wanted, let it go to the police!
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Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.
If the company fails to pay labor remuneration on time, the employee can resign and ask for financial compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration award is refused to be enforced, it may apply to the court for compulsory enforcement.
Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Hello, in this case you can apply for labor arbitration.
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If you do it with such a little money, can you pursue it a little.
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You can sue him through the legal process!
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1. In the process of settling wage arrears, there must be evidence, such as contracts and proof of wage arrears, and you can ask for help from the trade union department where you are located;
2. You can apply to the local labor inspection department for arbitration and ask for help;
3. If the construction or real estate enterprise is in arrears, it can also request help from the local construction bureau, which has a debt settlement office;
Fourth, you can appeal to the local court, this method may be slower!
5. Petitions or petitions may be made to the local department for letters and visits, and when there are many people, they must comply with the relevant provisions of the state.
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The employee may notify the employer in writing to terminate the labor contract on the grounds that the employer is in arrears of labor remuneration, apply for labor arbitration, and demand payment of arrears of wages and economic compensation.
The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
The law stipulates that Article 47 of the Labor Contract Law shall pay economic compensation to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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No, we all pay wages like this, which is equivalent to the deposit pressed by the boss, it's okay, if you don't do it one day, he will settle it with you.
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No, your five days of the next month will be paid for the next month, no less, but it is equivalent to setting aside your five days' salary.
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It is equivalent to the company staking your salary for 5 days, and if you resign, it will be paid off in full.
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Payroll is settled from the 1st to the last day of the month for one month.
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The salary is paid monthly, and the money from the 2nd to the 5th will be paid next month.
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No, it's a month from the first to the 3o, and it's 31 days to the first.
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Wages shall be paid on time and in the right amount. It is a violation of the Labor Contract Law to delay the payment of wages, but if it is only for a few days, it cannot be called a serious breach of contract, and if the delay is serious, you need to sue.
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Collect evidence to prove the facts of labor relations, such as the testimony of workers, witnesses, wage slips, and attendance, and apply for arbitration by the Labor Arbitration Commission of the Labor Bureau, so as to protect their legitimate rights and interests to the greatest extent.
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The most general introduction: the issue of wagesWhat are the characteristics: arrears.
Illustrate the application scenario: Labor contract law.
Other meanings: take evidence, complain to the labor inspection brigade.
Illustrate the application scenario for example: labor arbitration complaints.
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